Migration Amendment Regulations 2010 (No. 5) (Cth)

Migration Amendment Regulations 2010 (No. 5)¹

Select Legislative Instrument 2010 No. 90

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 6 May 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS EVANS

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2010 (No. 5).

Commencement

These Regulations commence on 8 May 2010.

Amendment of Migration Regulations 1994

(1)Schedule 1 amends the Migration Regulations 1994.

(2)The amendments made by items [1] and [2] of Schedule 1 apply in relation to a purported application made by a person seeking to satisfy the primary criteria for the grant of a Subclass 175 (Skilled — Independent) visa, a Subclass 176 (Skilled — Sponsored) visa or a Subclass 475 (Skilled — Regional Sponsored) visa during the period:

(a)commencing on 8 May 2010; and

(b)ending on the date specified by the Minister in an instrument in writing mentioned in item [1] or [2], as relevant.

Schedule 1 Amendments

(regulation 3)

[1] Schedule 1, after paragraph 1135 (3) (d)

insert

(e)Application by a person seeking to satisfy the primary criteria for the grant of the visa must be made:

(i)before 8 May 2010; or

(ii)after a date specified by the Minister in an instrument in writing for this subparagraph.

[2] Schedule 1, after paragraph 1228 (3) (d)

insert

(e)Application by a person seeking to satisfy the primary criteria for the grant of a Subclass 475 (Skilled — Regional Sponsored) visa must be made:

(i)before 8 May 2010; or

(ii)after a date specified by the Minister in an instrument in writing for this subparagraph.

[3] Schedule 2, Division 175.2, heading, note

substitute

Note The primary criteria must be satisfied by at least 1 applicant. The person seeking to satisfy the primary criteria must make an application for the visa before 8 May 2010 or after a date specified by the Minister in an instrument in writing. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

[4] Schedule 2, Division 175.3, heading, note

omit

satisfies the primary criteria.

insert

satisfies the primary criteria in connection with an application made before 8 May 2010 or satisfies the primary criteria in connection with an application made after a date specified by the Minster in an instrument in writing.

[5] Schedule 2, Division 176.2, heading, note

substitute

Note The primary criteria must be satisfied by at least 1 applicant. The person seeking to satisfy the primary criteria must make an application for the visa before 8 May 2010 or after a date specified by the Minister in an instrument in writing. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

[6] Schedule 2, Division 176.3, heading, note

omit

satisfies the primary criteria.

insert

satisfies the primary criteria in connection with an application made before 8 May 2010 or satisfies the primary criteria in connection with an application made after a date specified by the Minister in an instrument in writing.

[7] Schedule 2, Division 475.2, heading, note

substitute

Note The primary criteria must be satisfied by at least 1 applicant. The person seeking to satisfy the primary criteria must make an application for the visa before 8 May 2010 or after a date specified by the Minister in an instrument in writing. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

[8] Schedule 2, Division 475.3, heading, note

omit

satisfies the primary criteria.

insert

satisfies the primary criteria in connection with an application made before 8 May 2010 or satisfies the primary criteria in connection with an application made after a date specified by the Minister in an instrument in writing.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See